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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 01-08-2021, 11:26 AM
JustLilOlMe1012 JustLilOlMe1012 is offline
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Default Sentence Enhancements

Does anyone know if any recent changes to sentencing enhancements in CA that would be retroactive? Probably surrounding prison priors/gang enhancements? (I think that's what he's carrying)
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Old 01-08-2021, 10:14 PM
gvalliant gvalliant is offline
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Originally Posted by JustLilOlMe1012 View Post
Does anyone know if any recent changes to sentencing enhancements in CA that would be retroactive? Probably surrounding prison priors/gang enhancements? (I think that's what he's carrying)
Thanks
It's a little complicated. Enhancements like gun, priors can be retroactive. You have to get back to court for a resentencing and then judges can exercise their discretion to strike an enhancement that they could not dismiss when sentenced.

But changes like this in sentencing law by themselves are not enough to get back in court. Some other law - like PC 1170(d)(1) - that allows CDCR or DA to recall a sentence - must be used to get you back to court. Once in court the judge might be persuaded to exercise discretion on the specific changed enhancement law.

There are other threads on resentencing in the California forum that you can research.
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